The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-03-17

other property used in keeping and maintaining
SAD nuisance, and such personal property so
taken possession of shall be forthwith destroyed
and the owner or keeper thereof shall, upon
conviction, be adiIdged guilty Of maintaining o
common nuisance. and shall be punished by q
hhe OF not less than 500 nor more than 500,
and By imprisonment in the county Jail not less
than thirty days nor more than ninety days.
The Attorney General, county attorney or any
citizen OF the county where such nuisance eI-
ISIS, or IS kept, or Is maintained. may main tain
an action in the name Of the State to abate and
perpetually enioin the same. The injunction
shall be granted At the commencement Of the
action. and no bond shall be required ANY per
son violating the terms of any injunction granted
in such proceedings shall be punished for con-
tempt, by a line OF not less than 500 nor more
than 800, and By imprisonment in the county
jail not less than thirty days nor more than
six months, in the discretion OF the court or
Judge thereof. In case judgment is rendered
IN favor OF the plaintiff in any action brought
under the provisions OF this section. the court
rendering the same shall also render Judgment
for reasonable attorneys fee in such action in
favor OF the plaintiff and against the defendants
therein which attorneys fec shall be taxed and
collected as other costs therein, and when col
lected paid to the attorney or attorneys Of the
plaintiff therein.
Section 5. That section II Of chapter Ila OF
the session laws OF 1sS5 be and the same IA
hereby amended so as to read rs follows: Geo
ton II. 1t shall be the duty OF the county At
torneys TO diligently prosecute any and ali per-
sons violating any Of the provisions OF this act in
their respective counties and TO bring suit upoa
all bonds or recognizes forfeited, Immediately
after the happening OF such forfeiture, 70 70
cover the penalty and to pay all money 20 cot
Iected, less his fee for collecting the same, as
herein provided, into the school fund OF his
county. II any county attorney shall fail,
neglect or refuse 10 faithfully perform any duty
imposed upon him by this act, he snail be
deemed guilty of misdemeanor, and upon con
viction thereof shall be fined in any sum not
less than s10o nor more than $500, and be inn
prisoned In the county jail not less than tea
days nor more than ninety days; and such COLT
viction shall operate as forfeiture OF his office,
and tho court before whom such conviction may
be had shall order and adtudgc such forfeiture
Of office in addition to the fine imposed as herein
provided. And whenever the county attorney
shall be unable or shall neglect or refuse
to enforce the provisions Of this act in his
county, or for any reason whatever the provis-
ions of this act shall rot be enforced in any
county, II shall be the duty OF the Attorney Gen
eral TO enforce the same in such county, and
for that purpose he may appoint as many as
sistants as he may see IT. and he and his assist
ants shall be authorized to sign, verify and file
papers as the county attorney is authorized to
sign, verify or file, and to do and perform any
act that the county attorney might lawfully do
or perform; and for such services he or his as
Sistant shall receive the same fees that the
county attorney would be entitled to for like
services, to be taxed and collected in the same
manner, except that in all cases where there
shall be onyicticn, and the attorneys fees as
provided for in this act shall not be paid by the
from JAIL the county where such conviction is
General or his assistant prosecuting such case,
for fee OF S25 upon each count upon which the
defendant shall have been convicted.
Section g. That section Of chapter 12S OF the
session laws Of 1851 be and is hereby amended
so as to read as follows: Section 5. No person
shall manufacture or assist in the manufacture
OF Intoxicating liquors in this State, except for
medical, scientific and mechanical purposes.
ANY person or persons desiring to manufacture
any OF the liquors mentioned in this act for
medical, scientific and mechanical purposes
shall present to the probate judge of the county
wherein such business is proposed to be carried
on, petition asking permit for such purpose,
setting forth the name of the applicant, the
place where IL is desired to carry on such busi-
ness and the kind of liquor to be manufactured.
Such petition shall have appended thereto a
ors Of the ward of the city OF the first or second
class. or by q majority of the resident electors
of the township or city OF the third class.
wherein such applicant desires to manu-
facture such intOxicants, certifying that
such applicant is person Of good nlorE.
character, temperate in his habits, and propei
person TO manufacture and sell intoxicating
liquors. Such applicant shall file with such
petition bond to the State OF Kansas in the
81 n for S-f0
tion OF the provisions of this act said bond shall
be forfeited. Such bond shall be signed By
such applicant or applicants as principal OF
principals, and by 1T least three Sureties, who
shall Justify under oath in the sum OF 8 ,0N
each. over and above all indebtedness and ex-
empuons, and who shall be OF the number sign
ing said petition. The probate judge shall con
slider such petition and bond, and if satisfied
that said petition is true and that the bond ~
sufficient, may in his discretion grant permit
to manufacture Intoxicating liquors for medi-
cine, scientific and mechanical purposes. The
said permit, the order granting the same,
and the bond and Justification thereon shall b.:
forthwith recorded by said probate judge in tn.
same manner and with like eject as in case OF
permit to sell such liquor rs provided IN this
act. Such manufacturer shall keep 4 boOt
wherein shall be entered a complete record OF
the sales made. the date thereof, the name and
residence of the purchasers, the kind and Quan
tty Of liquors sold, end the price received OF
charged therefor. An abstract Of record, veri
fled by the affidavit Of the manufacturers, and
showing that the liquors therein mentioned are
all the Intoxicating liquors sold by such manu-
facturer during the preceding quarter, shall bt
d.ed quarterly in the probate court Of such
county at the end OF each quarter during the
period of such permit. Such manufacturer
shall sell the liquors so manufactured only il
original packages. He shall sell such liquors tc
no one except druggists who at the time Of such
sale shall be duly authorized 10 sell intoxicating
liquors as provided by law. ANY rectifcatiOI
or adulteration of liquors shall be considered
manufacturing under this act.
Section {. Every county clerk or probate judge
who shall neglect or refuse to perform any duty
required OF him under this Hct, the punishment
for which is not hereInbefore provided by thii
act, shall be deemed guilty OF 4 misdcmeanor
and upon conviction shall be punished by fine
Of not less than 800 nor more than sl,0D0, and IL
addition thereto shall forfeit his right TO longer
hold his office, and the court before whom such
conviction is had shall order and adiudSc such
forfeiture.
Section s. For services performed under this
act the probate Judge and county clerk shall re
ceive no fees, except such as are herein pro
vided for.
Section g. That section 10 Of chapter 12S OF
the session laws OF 1851. as amended by section
of chapter 149 Of the session laws OF 1885. be
amended to read as follows: Section ~. 1t shall
be the duty OF all sheriffs, deputy sheriis, con
stables, mayors, marshals, police judges ane
police of any city or town having notice OF
knowledge Of any violation OF the provisions OF
this act, 70 notify the county attorney OF the
fact OF such violation, and to furnish him the
names Of any witnesses within his knowledge
by whom such violation can be proven. II ANY
such officer shall fail to comply with the provis
ions Of this section, he shall upon conviction be
fined in any sum not less than 500 nor more
tnan 800; and such conviction shall be a for
fixture Of the Office held by such person, and ths
court before whom such conviction is had shall
in addition to the imposition OF the fine afore